Rape is any non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. Lack of consent can include the victim’s inability to say “no” due to the effects of drugs or alcohol. There are three broad types of rape; statutory, date, and spousal.

Statutory rape is a sexual act with a minor. While the minor might have consented, he or she is frequently not of the age of consent. Charges in statutory rape cases are generally brought by the parents of the minor but they can be brought by the state as well.

Date rape is a forcible sexual act between two people that know each other during a social engagement. The fact that the engagement was voluntary and that the parties knew each other is not a defense. 66% of all rape victims knew their attacker. In addition, consenting to go to dinner with an individual is not enough consent to disprove date rape charges.

Spousal rape occurs when one spouse forces the other spouse to have sex without their consent. Just because people are married does not mean there is automatic consent.

Alcohol and drugs are involved in 70% of rape cases. Most sexual assault crimes are felonies and the decision to charge an individual with a misdemeanor or felony rests with the prosecutor. This is one area where a skilled criminal defense lawyer can come in handy. A skilled criminal defense lawyer can negotiate charges down.

If you have been charged with any sexual assault charge, contact the San Jose criminal defense lawyers of the [firm-name] at [phone-number] to determine the best course of action for your defense and to defense the possibility of reducing the charges.